Appeal from Saline District Court; PATRICK H. THOMPSON, judge.
BY THE COURT
1. According to the United States Supreme Court, with the exception of any prior conviction, the Sixth Amendment to the United States Constitution requires any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.
2. K.S.A. 21-4610(d)(1), which applies to restitution ordered as a condition of probation, requires the district court to order the defendant to make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant's crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable.
3. In Kansas, restitution for a victim's damages or loss depends on the establishment of a causal link between the defendant's unlawful conduct and the victim's damages.
4. Although restitution is part of a defendant's sentence, because restitution ordered as a condition of probation is limited to a victim's actual loss, it lacks a punitive element and therefore is not punishment.
5. Because the key language in Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), refers to the requirement that any fact which increases the maximum penalty for a crime be proven to a jury, and because restitution is not a penalty, a defendant's Sixth Amendment rights are not violated when a district court makes factual findings to impose a restitution requirement.
6. Restitution is required in every criminal case upon a finding of guilt. Because there is no prescribed statutory maximum to the restitution amount which could increase the maximum statutory penalty, restitution is not subject to Apprendi.
Christina M. Kerls, of Kansas Appellate Defender Office, for appellant.
Ellen H. Mitchell, county attorney, and Derek Schmidt, attorney general, for appellee.
Before POWELL, P.J., MCANANY, J., and BUKATY, S.J.
According to the United States Supreme Court, with the exception of any prior conviction, the Sixth Amendment to the United States Constitution requires that " any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Wendy Huff argues in the present appeal that the district court violated this directive when it imposed restitution without requiring the State to prove to a jury whether her actions caused the victim's damages. Because restitution is neither a penalty nor an increase in a defendant's maximum sentence, we hold Apprendi is inapplicable to restitution and, therefore, affirm the district court.
Factual And Procedural History
In January 2010, Ankit Patel, Vice President of Diamond Saline, LLC, a Howard Johnson Motel, hired Wendy Huff as a hotel manager. When Patel arrived at the hotel on December 15, 2010, the motel doors were locked and he discovered that Huff had moved out of her residence at the motel. Later that day, Patel discovered that Huff had transferred $19,745.10 from the corporation's bank account to her personal bank account and had attempted to transfer an additional $8,407.90, but those ...